Opinion
2004-1485 KC.
Decided September 30, 2005.
Appeal from orders of the Civil Court of the City of New York, Kings County (Arthur M. Schack, J.), entered July 15, 2003 and October 29, 2003. The orders, respectively, granted defendant's motion to dismiss the action on default and denied plaintiff's motion seeking vacatur of the order dismissing the action.
Appeal from order entered July 15, 2003 unanimously dismissed.
PRESENT: PATTERSON, J.P., RIOS and BELEN, JJ.
Order entered October 29, 2003 unanimously reversed without costs, plaintiff's motion to vacate dismissal of the action granted on condition that, within 30 days of the date of the order entered hereon, plaintiff comply with defendant's discovery demands, otherwise plaintiff's motion denied; as so modified, affirmed without costs.
At the outset we note that no appeal lies from an order entered on default of the appealing party ( see CPLR 5511).
Plaintiff established a meritorious claim against defendant and a reasonable excuse for the default (CPLR 5015 [a] [1]). Therefore, the motion to vacate the order dismissing the action should have been granted on condition that plaintiff comply with defendant's discovery demands within 30 days.